How Appealing



Monday, December 9, 2013

“Senate Republicans Get Argument Time in Recess Case”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 12:15 PM by Howard Bashman



“Judges question need for Gitmo genital searches”: The Associated Press has a report that begins, “Federal appeals court judges are questioning whether the government has gone too far in searching the genital areas of Guantanamo detainees who want to meet with their lawyers.”

I will post a link to the audio of today’s D.C. Circuit oral argument when it becomes available online.

Last Friday at the “Lawfare” blog, Raffaela Wakeman had a post titled “Oral Argument Preview: Hatim v. Obama, or the ‘Counsel Access Case.’”

Update: In other coverage, at “The BLT: The Blog of Legal Times,” Zoe Tillman has a post titled “D.C. Circuit Weighs Challenge to Groin Searches at Guantanamo Bay.”

The D.C. Circuit has posted the oral argument audio at this link (20.3 MB mp3 audio file).

Posted at 11:57 AM by Howard Bashman



“Appeals court hearings now going live and online”: Bill Mears of CNN.com has this report.

This week (starting today at 5 p.m. eastern time, 2 p.m. pacific time) the U.S. Court of Appeals for the Ninth Circuit is scheduled to hear en banc rearguments in five separate cases. The Ninth Circuit is planning to stream the video of those oral arguments live, online.

Today’s en banc oral argument can be viewed live, online via this link (which currently displays a countdown clock). The Ninth Circuit has also posted online at this link the rehearing petition filed in the case being argued today.

Posted at 11:44 AM by Howard Bashman



“Obama’s Pollution-Control Agenda Goes to Court Tomorrow”: Mark Drajem and Greg Stohr of Bloomberg News have this report.

Posted at 9:27 AM by Howard Bashman



Sunday, December 8, 2013

“Some Wisconsin Supreme Court justices urging senators to support amendment; Change would let high court choose its chief justice”: Patrick Marley of The Milwaukee Journal Sentinel has this report.

Posted at 9:17 PM by Howard Bashman



“Nadon’s Supreme Court appointment ignores spirit of law, professors argue”: In last Tuesday’s edition of The Toronto Globe and Mail, Sean Fine had an article that begins, “Justice Marc Nadon’s appointment to the Supreme Court defies the spirit of a law meant to reassure Quebeckers that judges chosen from their province would understand its civil code, two law professors write.”

Posted at 8:09 PM by Howard Bashman



“Supreme Court weighs issue of cross-state air pollution”: Richard Wolf will have this article in Monday’s edition of USA Today.

Posted at 7:53 PM by Howard Bashman



“Internet giants weigh in on defamation lawsuit”: The Associated Press has a report that begins, “From Twitter and Facebook to Amazon and Google, the biggest names of the Internet are blasting a federal judge’s decision allowing an Arizona-based gossip website to be sued for defamation by a former Cincinnati Bengals cheerleader convicted of having sex with a teenager.”

Posted at 7:21 PM by Howard Bashman



“Satanists seek spot on Oklahoma Statehouse steps”: The Associated Press has a report that begins, “In their zeal to tout their faith in the public square, conservatives in Oklahoma may have unwittingly opened the door to a wide range of religious groups, including satanists who are seeking to put their own statue next to a Ten Commandments monument on the Statehouse steps.”

Posted at 2:51 PM by Howard Bashman



“Filibuster rule’s end should help Obama reshape a key court; A Senate filibuster rule change should help Obama reshape the key D.C. Circuit Court, but Republicans have other tools to block nominees”: Timothy M. Phelps has this article today in The Los Angeles Times.

Update: In other coverage, The Associated Press reports that “Senate Dems push Obama nominees, GOP bides time.”

Posted at 1:03 PM by Howard Bashman



Saturday, December 7, 2013
Friday, December 6, 2013

“High Court Revisits Death Penalty for Mentally Disabled”: Stateline, a publication of The Pew Charitable Trusts, has this report today.

Posted at 10:36 PM by Howard Bashman



“The Supreme Court, moldy washers and the future of consumer class actions”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 10:30 PM by Howard Bashman



“Kline seeks Supreme Court reconsideration on license ruling”: The Associated Press has a report that begins, “An attorney for former Kansas Attorney General Phill Kline has asked the Kansas Supreme Court to consider modifying a ruling that indefinitely suspended Kline’s law license.”

Posted at 10:12 PM by Howard Bashman



“Senate to move quickly on nominations”: Burgess Everett of Politico.com has a report that begins, “Democrats will take advantage of new Senate rules and rush to confirm six of President Barack Obama’s most prominent nominations over the next two weeks. Senate leadership is aiming to confirm three judges to the D.C. Circuit Court of Appeals as well as a trio of crucial executive nominations before Dec. 20, Democratic aides said.”

Posted at 3:14 PM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: The Court has posted the Order List, granting review in one new case, at this link.

In early news coverage, Greg Stohr and Susan Decker of Bloomberg News reports that “Software Patents Get U.S. Supreme Court Review.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court to decide whether software can be patented.”

The Associated Press reports that “Court to jump into patent discussion.”

At “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Supreme Court Takes Up Patent Eligibility Case.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court to rule on patent rights.”

My earlier coverage of the en banc Federal Circuit’s ruling in this case can be accessed here, here, and here.

Posted at 1:35 PM by Howard Bashman



There’s nothing like an exegesis on the economic loss rule to get the weekend started off right: Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued an opinion written by Senior Circuit Judge Jon O. Newman that begins, “The issue on this appeal is whether, under maritime law, an owner of a vessel may be awarded damages for economic loss due to negligence in the absence of physical damage to its property.”

Posted at 10:28 AM by Howard Bashman



“U.S. Backs Argentina at High Court in Bank Subpoena Case”: Greg Stohr of Bloomberg News has a report that begins, “The Obama administration urged the U.S. Supreme Court to hear Argentina’s challenge to a court order requiring two banks to turn over information about the country’s assets.”

Posted at 10:22 AM by Howard Bashman